STAND. COM. REP. NO.  378

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 1025

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1025 entitled:

"A BILL FOR AN ACT RELATING TO SENTENCING,"

begs leave to report as follows:

     The purpose of this bill is to restore a statutory provision allowing for presentence mental or medical examination of a defendant as part of the judiciary's presentence investigation process.

     Your Committee received testimony in support of this bill from the Judiciary, the Attorney General, the Department of the Prosecuting Attorney for the City and County of Honolulu, and the Department of the Prosecuting Attorney for the County of Maui.

     Your Committee amended the bill by:

     1.   Inserting a savings clause;

     2.   Changing the effective date to January 1, 2046; and

3.   Making technical, nonsubstantive changes for consistency, clarity, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1025, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1025, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

JON RIKI KARAMATSU, Chair